Does tribal sovereignty supersede federal law?

The answer to this question is both yes and no. Yes in the sense that Native American tribes in Oklahoma, like other tribes across the United States, are under federal law and are recognized as separate governing bodies with the power to make their own laws. This means that they can determine their own rules on topics such as education, healthcare, taxation, gambling, and more. However, federal law does supersede tribal law when federal policy need to be upheld for the nation, such as the Civil Rights Act of 1964. In these cases, Native American tribes must adhere to federal law for the benefit of the nation. Another example of this is that marijuana, although legalized in many Native American tribal territories, is still illegal under federal law. This means that Native Americans are not allowed to sell or distribute marijuana to non-Native Americans. In addition, even though tribes have the power to make their own laws, they must still follow federal guidelines when it comes to the treatment of Native Americans. This includes making sure that Native Americans are given equal access to resources, services, and education. Overall, Native Americans tribes in Oklahoma, like other tribes throughout the United States, are allowed to maintain their sovereignty in many ways, but federal law does still supersede tribal law in certain cases.

Related FAQs

What is the tribal consultation process?
What is the Indian Gaming Regulatory Act?
What is the Indian Child Welfare Act?
What is the Indian Gaming Regulatory Act?
Does tribal law override state law?
What are the legal obligations of states to tribes and Native American resources?
What protection do Native Americans have under U.S. law?
How does Native American law affect taxation?
What is the Indian Self-Determination and Education Assistance Act?
What is the Native American Graves Protection and Repatriation Act?

Does tribal sovereignty supersede federal law?

Related FAQs

Related Blog Posts